I was arrested for a DWI passed a breathalyzer, was given my license back by TX DPS, The DA says so what?
I WAS ARRESTED FOR DWI, I BEGGED TO TAKE A BREATHALIZER TO PROVE MY INNOCENSE, I BEGGED FROM THE MOMENT THEY PUT HAND CUFFS ON ME TO TAKE THIS TEST, THEY FINALLY GAVE IT TO ME. I PASSED THE TEST, ONE OF THE OFFICERS HAD EVEN TOLD ME I PASSED THE BREATHALIZER. THE TEXAS DEPT. OF PUBLIC SAFETY GAVE ME MY LICENSE BACK FOR PASSING THE TEST. BUT WHEN I WENT TO COURT THE JUDGE HAD NO SUCH RECORD ON FILE, THE D. A . SAID IT DIDN’T MATTER AND THEY DON’T HAVE IT IN THEIR FILE EITHER. BUT IT’S THE STATE OF TEXAS SUING ME AND THE STATE OF TEXAS THAT GAVE ME MY LICENSE BACK BECAUSE I PASSED THE BREATHALIZER, THAT’S WHAT IT SAID IN THE LETTER I RECEIVED FROM THE TX. DEPT OF PUBLIC SAFETY. EVERYBODY FROM THE D.A TO THE JUDGES ASSISTANT HAS SAID IT DOESN’T MATTER WHAT THE TEXAS DEPT. OF PUBLIC SAFETY SAYS, EVEN THOUGH THE STATE OF TEXAS IS SUING ME AND THE STATE OF TEXAS GAVE ME MY LICENSE BACK. I GET MANY DIFFERENT ANSWERS BACK ON THIS , AND I’M WORRIED THE D A WILL TRY TO HAVE IT TAKEN .
Texas, like many states, has a law that if you blow over a certain ba they suspend your license. But you can still be prosecuted for operating under the influence. even if you blow under that amount. To prove that it only has to be shown that your ability to safely operate a motor vehicle was diminished by the alcohol you consumed. With some people this might only be two or three drinks. if you had blown over a certain amount the prosector could have introduced this at trial and there would then be a presumption that at that level you could not drive a motor vehcile safely–but it is not necessary for conviction. Without it the jury could still find that the amount you did consume did effect you. Of course, you will be able to introduce the low ba at trial in support of your contention that alchohol did not effect you.
–Get a lawyer